상해치사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
One (No. 1) seized inspection shall be confiscated.
1. The summary of the grounds for appeal asserts that the Defendant is unjust because the lower court’s imprisonment (seven years of imprisonment, confiscation) is too unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneasible and unreasonable.
2. The crime of this case in light of the following facts: (a) the victim who had a relation with the defendant had a relation with another man on the ground that the victim had a contact with another man, brought the boom to the next day, and brought the victim's fluorial joints, etc. to death by leaving the victim's fluorial joints, etc., and caused the victim's death; (b) the crime of this case was very poor in light of the method and result of the crime; and (c) the victim caused the victim's fluoral loss of life due to the victim's extreme pain; and (d) the victim's bereaved family suffering from a fluoric mental pain, etc., it is necessary to punish the defendant corresponding
However, in light of the fact that the defendant reflects his mistake in depth, that the defendant reports himself to 119 and sent the victim to the hospital, that it appears to be a contingent crime, that the bereaved family members do not want the punishment of the defendant by mutual consent with the bereaved family members of the victim during the trial, that the defendant does not have a criminal record other than the suspended execution due to the violation of the Military Service Act, and that there is no criminal record other circumstances such as the defendant's age, character and behavior, environment, motive for the crime of this case, circumstances after the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the records and arguments, the court's punishment against
Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore justified.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of the judgment below.